ap govt

Incorporation Doctrine

doctrine that states the first ten amendments (Bill of Rights) is applicable to the states via the Due Process Clause in the fourteenth amendment

selective incorporation

the process through which the supreme court applies fundamental rights in the bill of rights to the states on a case by case basis

civil liberties

fundamental rights and freedoms of citizens protected from infringement by the government

civil rights

protections from discrimination as a member of a particular group

bill of rights

a list of fundamental rights and freedoms that individuals possess. the first ten amendments to the constitution

due process clause

the clause in the fourteenth amendment that restricts state governments from denying citizens life, liberty and property without legal safeguards

establishment clause

First Amendment protection against the government requiring citizens to join or support a religion

free exercise clause

First amendment protection of the rights of individuals to exercise and express their religious beliefs

clear and present danger test

a legal standard that speech posing an immediate and serious threat to national security is not protected by the first amendment

prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

libel

untrue written statement that injures a person’s reputation

slander

an untrue spoken statement that injures a person’s reputation

symbolic

protected expression int eh form of images, signs and other symbols

writ of habeas corpus

a document setting out reasons for arrest or detention

warrant

a document issued by a judge authorizing a search

probable cause

reasonable belief that a crime has been committed or that there is evidence of criminal activity

exclusionary rule

a rule that evidence obtained without a warrant is inadmissible in court

double jeopardy

protects an individual acquitted of a crime from being charged with that same crime in the same jurisdiction

bail

an amount of money posted as a security to allow the defendant to be freed while awaiting trial

penumbras

a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights (ex. right to privacy)

miranda rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

First Amendment

restricts the lawmaking powers of congress in the areas of religion, speech, the press, assembly, and petitioning the government

second amendment

the right to keep and bear arms

third amendment

no forced quartering of troops in homes

fourth amendment

protects against unreasonable search and seizure and establishes the right to have warrants issued before an arrest or search

fifth amendment

right to grand jury indictment in criminal cases, protection against double jeopardy and self incrimination, the right to due process of law, and right to just compensation when private property is taken for public use

sixth amendment

protections during criminal prosecutions for a speedy and public trial by an impartial jury, the right to confront witnesses, the right to compel favorable witnesses to testify in one’s defense, and the right to the assistance of defense counsel

seventh amendment

right to trial by jury in certain civil suits

eighth amendment

protections against excessive bail, excessive fines and cruel and unusual punishment

ninth amendment

protection of rights not listed in the constitution

tenth amendment

powers not delegated to the federal government and not prohibited by it are reserved to the states or people

thirteenth amendment

outlawed slavery

fourteenth amendment

birthright citizenship granted and prohibits states from denying citizens their rights without due process of law

fifteenth amendment

allowed african american men to vote (prohibits states from denying citizens the right to vote based on race or color)